Digital Commons Network^™

Taking The Risk Out Of Termination: An Enterprise Risk Management Analysis Of The Normative System Of Employment Standards Challenged By Honda V Keays, Ryan Henry Edmonds

Dalhousie Journal of Legal Studies

Over many years, Canadian courts have crafted a unique body of employment law jurisprudence. The purpose of this paper is to discuss how that jurisprudence was unraveled when the Supreme Court of Canada rendered its decision in Honda v. Keays. That holding, in effect, overturned aspects of Wallace v. United Grain Growers; a case that transformed how non-unionized employees were thought of and treated in Canadian society. This paper examines the analytical underpinnings of wrongful dismissal law’s previous regime on bad faith damages and juxtaposes it to the new regime in Keays, concluding that the shift in focus from employer …

Risk V Benefits: The Use Of Selective Serotonin Reuptake Inhibitors In Children, Kim Wilton

Dalhousie Journal of Legal Studies

Selective Serotonin Reuptake Inhibitors (SSRIs) are a class of antidepressant medications that came on the market in the late eighties and early nineties. SSRIs were found to be clinically effective in treating clinical depression, and anxiety disorders in adults and had less cumbersome side effects compared to the older Tricyclic antidepressants. The first drug in this class introduced was fluoxetine (Prozac), which was soon followed by paroxetine (Paxil), sertraline (Zoloft), citalopram (Celexa), fluvoxamine (Luvox), and escitalopram (Lexapro). Today the uses of SSRIs have broadened to include treatment for “Post-Traumatic Stress Disorder, pre-menstrual dysphoric disorder, urinary incontinence” and many other seemingly …

Unearthing The Inner Compass, Kimberly Ann Kapalka

Graduate Student Theses, Dissertations, & Professional Papers

The process of composing a body of artwork was to prove my artistic ability and prepare work for submission to artist-in-residence programs. To achieve this goal, I committed eleven months to this project. Inspiration for pieces came from my travels, interests in American Indian culture, wildlife, trees, photographs, and still-life objects. I devoted as much time as possible in my make-shift apartment studio working on art. Balancing career and home activities was a habitual challenge. I learned to trust my intuition while creating art making choices that reflected my intended message. Fear of public opinion floated through my mind as …

Wolves And Livestock: A Review Of Tools To Deter Livestock Predation And A Case Study Of A Proactive Wolf Conflict Mitigation Program Developed In The Blackfoot Valley, Montana, Peter Douglas Brown

Graduate Student Theses, Dissertations, & Professional Papers

The recent recovery of wolves in the Northern Rocky Mountains (NRM) was met with opposition from the ranching communities throughout Montana. This was not surprising, due to the fact that wolves are feared as a predator of livestock and therefore represent a direct economic loss for ranchers that experience depredations by wolves. Wolves are also revered as a native predator that have top down effects upon natural prey species. This in turn affects the web of plants and animals that make up natural ecosystems. This fact, as well as the strong emotional connection that some stakeholders have to wolves creates …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 14 (2011), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

The Over-Protection Of Intellectual Property Rights In Sport In The United States And Elsewhere, J. Gordon Hylton

Faculty Publications

No abstract provided.

Assessing The Balance: Burkean Frames And Lil' Bush, Elizabeth Anne Sills

Graduate Student Theses, Dissertations, & Professional Papers

In light of former president George W. Bush’s remarkably low approval ratings during the later years of his administration, the Comedy Central program Lil’ Bush seemed to be a satiric outlet for societal angst. A closer examination of the show, however, reveals that its content is funny, but does more to entertain than it does to criticize. Using the dichotomy of Burke’s comedic and humorous frames as a standard for analysis, this thesis probes the program to determine the nature of its humor. Although the show does include some critiques of George W. Bush and the federal executive branch as …

An Assessment Of The Hiv Prevention Needs Of Men Who Have Sex With Men In Montana, Kelly A. Hart

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to collect information about the HIV prevention needs of men who have sex with men (MSM) living in Montana. Prevention needs were explored by identifying the environmental factors and behaviors that put MSM at risk for HIV infection, describing the demographic and contextual factors that influence those behaviors, and comparing current prevention needs to existing resources and services. To evaluate the prevention needs, primary qualitative data was collected in the form of four focus groups and nine key informant interviews. Supporting secondary quantitative and qualitative data in the form of an online survey and …

Characterization Of 5 Utr Splicing And The Cgi In Hiv-2 Rna, Christy Strong

Graduate Student Theses, Dissertations, & Professional Papers

HIV-2 tightly regulates several steps of its replication cycle via regulatory elements found within the 5 untranslated region of HIV-2 genomic RNA. Two elements of interest are the 5 UTR intron and the proposed long distance base pairing interaction between the C-box and G-box termed the CGI. This research focuses on the effects of 5 UTR splicing and the CGI in HIV-2 translation and replication. The central hypothesis is that both 5 UTR splicing and the CGI modulate HIV-2 translation and replication. This hypothesis was tested and supported by employing in vitro translation assays, SELEX, and cell culture studies. Results …

Nato's Credibility In The Kosovo War, Sead Osmani

Sigma: Journal of Political and International Studies

No abstract provided.

Muhammad: Prophet Of God, Thora Qaddumi, Daniel C. Peterson

BYU Studies

Islamic studies scholar Daniel C. Peterson has written a small book that speaks volumes about the man who, in about the year AD 610, while meditating in a cave near Mecca in Arabia, received a prophetic call that led to the establishment of a religion that today is claimed by almost a quarter of the world's inhabitants. It adds to the growing body of research by Peterson and other Latter-day Saint scholars that strengthens the Church's role as a voice of reason in an area rife with misunderstandings and ignorance--the Islamic world.

Although written from a strongly academic and scholarly …

Full Issue

The Utah English Journal

No abstract provided.

Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas

Publications

This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.

This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …

Digital Determinism: The Cyrillic Alphabet In The Age Of New Technology, Martin Paulsen

Russian Language Journal

The spread of digital technology has created new conditions for the existence and development of languages. The East Slavonic languages Belarusian, Russian, and Ukrainian are excellent examples. Since the Internet originated in the U.S., and since most computer devices are created on the basis of languages that use the Latin alphabet (i.e., English), people who use other alphabets, such as Cyrillic, face additional challenges in adapting to the new technological realities (Sproat 2010).3 In this article, I shall focus on how digital technology challenges Cyrillic, as the alphabet in which the East Slavonic languages are written.

The consequences of similar …

Beyond Friending: Buddypress And The Social, Networked, Open-Source Classroom, Matthew K. Gold

Publications and Research

Classrooms have always been networks, of a sort, with professors and students forming an interlaced series of nodes that take shape over the course of a semester, but tools like BuddyPress and WordPress can make those networks more open, more porous, and more varied. In very useful ways, the classroom-as-social-network can help create engaging spaces for learning in which students are more connected to one another, to their professors, and to the wider world.

The Effect Of Optional Summer Transition To High School Program Participation And Required School Year Long Placement On A Core Content Team On Ninth-Grade Students At-Risk Measured Achievement, Engagement, And Behavior Outcomes, Frances K. Pokorski

Student Work

No significant difference in beginning ninth-grade pretest compared to ending ninth-grade posttest comparisons of American History t (17) = 0.34, p = .37 (one-tailed), d = 0.09, English t (17) = 1.40, p = .09 (one-tailed), d = 0.34, and Biology (t (17) = -1.58, p = .07 (one-tailed), d = -0.22, course grade scores were observed for students at-risk who accepted optional summer transition to high school program participation and completed the required school year long placement on a core content team. Students at-risk who refused optional summer transition to high school program participation but completed the required …

Growth Of Lactobacillus Paracasei Atcc 334 In A Cheese Model System: A Biochemical Approach, M. Budinich, I. Diaz-Muniz, H. Cai, S. A. Rankin, Jeff Broadbent, J. L. Steele

Nutrition, Dietetics, and Food Sciences Faculty Publications

Growth of Lactobacillus paracasei ATCC 334, in a cheese-ripening model system based upon a medium prepared from ripening Cheddar cheese extract (CCE) was evaluated. Lactobacillus paracasei ATCC 334 grows in CCE made from cheese ripened for 2 (2mCCE), 6 (6mCCE), and 8 (8mCCE) mo, to final cell densities of 5.9 × 108, 1.2 × 108, and 2.1 × 107 cfu/mL, respectively. Biochemical analysis and mass balance equations were used to determine substrate consumption patterns and products formed in 2mCCE. The products formed included formate, acetate, and d-lactate. These data allowed us to identify the pathways likely used and to initiate …

China's Official Media Portrayal Of Religion (1996-2005): Policy Change In A Desecularizing Society, Qingjiang Yao, D. A. Stout, Zhaoxi Liu

Communication Faculty Research

This content analysis of religion news coverage in the People's Daily during a 10-year period (1996–2005) found a more positive tone toward religion after 2001, when a significant policy change was announced by Chinese political leaders. The number of newspaper articles about religion increased steadily. Under-representation of Christianity suggested by previous studies was not found, but a prejudicial tone toward different religions was identified.

Editor's Introduction, “To Cheer, To Raise, To Guide”: 22 Years Of The Farms Review, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Full Issue

Religion in the Age of Enlightenment

No abstract provided.

Sensible Sequencing: Traditional And Popular Texts Sharing Space In The Ela Classroom, Luke Rodseiler

The Utah English Journal

The place for texts from popular culture— viewed here as “everyday culture” (Hagood, Alvermann, & Heron-Hruby, 2010, p. 9)—in the English language arts (ELA) classroom continues to be defined as literacy and English education scholars extol the benefits of incorporating such texts to support student learning (e.g., Beach & O’Brien, 2008; Dyson, 2003; Morrell, 2004, 2009; Morrell & Duncan-Andrade, 2004, Sánchez, 2010). Despite the potential benefits that the classroom use of texts from popular culture has to offer, such as promoting culturally relevant pedagogy (Gay, 2000), providing greater motivation for students (Morrell, 2004), and tapping into students’ everyday funds of …

Friends Or Foes? Target Selection Decisions Of Sovereign Wealth Funds And Their Consequences, Jason Kotter, Ugur Lel

Faculty Publications

This paper examines investment strategies of sovereign wealth funds (SWFs), their effect on target firm valuation, and how both of these are related to SWF transparency. We find that SWFs prefer large and poorly performing firms facing financial difficulties. Their investments have a positive effect on target firms’ stock prices around the announcement date but no substantial effect on firm performance and governance in the long run. We also find that transparent SWFs are more likely to invest in financially constrained firms and have a greater impact on target firm value than opaque SWFs. Overall, SWFs are similar to passive …

Digital Technology And The Variation In Design Routines: A Sequence Analysis Of Four Design Processes, James Gaskin, B. Veeresh Thummadi, Kalle Lyytinen, Youngjin Yoo

Faculty Publications

We advance a theory of design process variation across organizational types and the effects of digitalization on these processes. We argue that design routines are subject to greater variation within and between organizations as organizations embed increasingly rich repertoires of digital capabilities in their design activities. Using a sequence analysis method we compare design process variation in four organizations to examine how design routines vary due to differences in embedded digital capabilities and organization of the design process. Our analysis reveals new insights on the effects organizational context and digitalization have on design routine composition.

Acoustic Emission Detection In Carbon Composite Materials Using Fiber Bragg Grating Optical Sensors, Nehemiah J. Mabry

Theses

No abstract provided.

Purification And Phytotoxic Analysis Of Ceratoplatanin Proteins In Botrytis Cinerea, Subodh Rathi

Theses

No abstract provided.

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Publications

The success of health reform under the Patient Protection and Affordable Care Act of 2010 will depend upon the sustainability of a brand new and infrastructure of entities, relationships, and procedures. So far, neither jurists, legislators, policy-makers, providers, payers, nor patients have identified an organizing paradigm to implement or regulate this vast new infrastructure. Legal scholars have been curiously absent from this policy discussion, offering little if any insight into the role law plays beyond the familiar political debates about health reform. This article draws a legal chair to the table and takes a refined look at the legal basis …

Yes, Labor Markets Are Flawed--But So Is The Economic Case For Mandating Employee Voice In Corporate Governance, Scott A. Moss

Publications

No abstract provided.

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …

Intermediaries And Hate Speech: Fostering Digital Citizenship For Our Information Age, Danielle Keats Citron, Helen Norton

Publications

No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group Kill a Jew Day, for instance, acquired thousands of friends within days of its formation, while YouTube has hosted videos with names like How to Kill a Beaner, Execute the Gays, and Murder Muslim Scum. The mainstreaming of cyber hate has the troubling potential to shape public expectations of online discourse.

Internet intermediaries have the freedom and influence to seize this defining moment in cyber hate's history. We believe that a thoughtful and nuanced intermediary-based approach …

Industrial Terrorism And The Unmaking Of New Deal Labor Law, Ahmed A. White

Publications

The passage of the Wagner (National Labor Relations) Act of 1935 represented an unprecedented effort to guarantee American workers basic labor rights--the rights to organize unions, to provoke meaningful collective bargaining, and to strike. Previous attempts by workers and government administrators to realize these rights in the workplace met with extraordinary, often violent, resistance from powerful industrial employers, whose repressive measures were described by government officials as a system of "industrial terrorism." Although labor scholars have acknowledged these practices and paid some attention to the way they initially frustrated labor rights and influenced the jurisprudence and politics of labor relations …